Remove topic prima
article thumbnail

John C. Coffee, Jr. and Joshua Mitts – Can Section 11 Be Saved?: Tracing a Path to Its Survival

Reynolds Holding

While courts will ultimately have the decision as to the procedures and conventions to be used, there seems little doubt that the judiciary would benefit from the SEC explaining its views on this topic. As for discovery, here too the SEC can play a role. LXR Biotechnology, Inc. , 1301, 1310 (S.D.N.Y. Huddleston , 459 U.S. 14] 15 U.S.

article thumbnail

Gibson Dunn Offers 2022 Year-End Securities Litigation Update

Reynolds Holding

2020), the Delaware Supreme Court held that mandatory federal forum provisions were prima facie valid under Delaware law, but indicated that fact-specific enforceability of such provisions would likely be decided by courts in other jurisdictions. Readers will recall that, in Salzberg v. Sciabacucchi , 227 A.3d 3d 102, 133-34 (Del.